Profile description
His interest in trusts extends to all aspects of this topic ranging from Express Trusts (including Will Trusts) to those such as constructive and resulting trusts arising informally, for example out of cohabiting relationships and under the Trust of Land and Trustees Act 1996.
He combines this with other traditional areas of Chancery, especially Land based actions such as boundary and easement disputes and Landlord and Tenant. Gareth has appeared several times before the Land Registry Adjudicator. He also includes banking and guarantees in his practice and has an increasing engagement in personal insolvency.
Elderly clients and their protection also feature in his practice, and in particular, the setting aside of transactions for Undue Influence and Unconscionable Bargain.
Perhaps the fastest growing area of his practice is Contentious Probate, including, but in no sense limited to, Inheritance Act claims. Administration of Estates, including insolvent estates, also features in his practice, and removal of awkward and recalcitrant Trustees and Executors is something of a speciality.
Property and Land
Whether in terms of rights of way or boundary disputes and in many other instances Gareth greatly enjoys land disputes. He has dealt with adverse possession claims, easement and shared driveway disputes, and all of the issues that can arise where land is involved in some way in the Claim. He has dealt with Landlord and Tenant disputes, including renewal of tenancies and restrictive covenant claims.
Gareth is often called upon to come to the assistance of those elderly clients who have given away property in cases which are open to question on the basis of undue influence or simply by mistake.
Many of Gareth's clients are people who wish to minimise the impact of Inheritance Taxes, or avoid care home fees if possible. He is happy to give clear and frank advice and to draft those documents which will assist. He has experience in drafting wills for high net worth clients.
Gareth is happy to undertake work in the Court of Protection.
Wills and probate
Under the heading of Wills and Probate Gareth's practice can be said to include applications to construe wills, contentious probate claims, removal of executors and trustees, accounting claims and distribution claims. He has an interest in applications in the Probate Registry and is experienced in settling papers for applications there. He is familiar with cross border issues and recently has had to deal with cases applying Sharia Law to a Yemeni based estate and the Hindu Marriage Act to an Indian based estate. He has also acted in claims to set aside Wills for various issues such as lack of capacity, fraud and undue influence.
Notable Cases
- Sidhu-v-Strinati 2008 Chancery Division. Action in relation to the alleged wrongful inclusion of part of a building in a Transfer of land, also issue surrounding a right of way. Solicitors: KTP Solicitors Porth.
- Cretford Limited –v-Tustin 2008 Chancery Division. Action in relation to alleged breach of Directors duties, passing off, misuse of confidential information. Solicitors: Oakley and Davies, Cardiff
- Jeffrey Jones-v-Yvette Jones 2008 Chancery Division. Action alleging constructive trust in relation to property of a couple formerly married, divorced and then re cohabiting. Solicitors: Hutchinson Morris, Neath
- Bartlett-v-Miles 2008 Swansea County Court. Action between former spouses involving issues of resulting trust, in which issues of restitution and subrogation also raised. Solicitors: Rollingsons London
- Pasiewicz-v-Jones Aberystwyth County Court 2008 (4 days). Action between vendor and purchase of house, alleging misrepresentation in sale, claiming damages. Solicitors: Moseley and George, Aberystwyth
- Creigau Tyres-v-Robert Thomas Investments Limited, 2008 Chancery Division. Action between Landlord and Tenant over breach of covenant for insurance, repair, access routes and counterclaim for alleged breach of covenant for subletting and non payment of rent. Solicitors: PJE, Porth
- Re Estate of Miles 2008 Chancery Division variation of trust underage beneficiary. Solicitors: Hugh James, Cardiff
- Josie Leech-v-Stevens 2008 Southend on Sea County Court. Trusts of Land Act 1996, Equitable Accounting
- Re Eynon (deceased) (2010) Chancery Division, Contentious Probate (capacity)
- Reid-v-Rees (2010) Chancery Division, Undue Influence
- Ratcliffe-v-Lloyd (2010) Constructive Trust intervention in a family case
- Gittoes-v-Davies (2010) Chancery Division, Undue Influence
- Smith-v-Topham (2010) Chancery Division, removal of executor and trustee
- Re Burmicz (deceased) (2011) Chancery Division, London -Removal of Executor and consequential orders.
- Herefordshire CC-v-Haynes (2011) Land Registry Adjudicator- Boundary dispute at school.
- Re Martindale (deceased) (2011) Chancery Division, London- Contentious Probate (capacity)
- Akbari-v-Jaynes (2012) Land Registry Adjudication (adverse possession)
- Numerous Inheritance Act cases
